I am not sure what information you are seeking. A lawyer who knows the system can get information, you can try but I am not sure as to how much the DA will give you. The reason I say this is that you don't know what to ask for or how. With that said, any good DWI defense starts with a lot of questions from the lawyer: what was the circumstances of the traffic stop? Can we claim illegal stop and therefore no evidence attained is admissible? Who performed the stop? Is the cop credible? (Some cops have been caught lying or doing unsavory deeds if you get my drift and the DA will not put those cops on the stand.) Although a "bad cop" is rare - at least rare in the sense that it is known - the DA will NEVER tell you or an attorney for that fact, that they will not call the arresting officer because of prior bad testimony. This is something a lawyer has to know, or have access to a group that can share information - such as a local Criminal Defense Bar group. Another issue is the video and audio tapes. Do they exist, do they contradict the arresting officer's statements in the arrest report? What about the portable breathe test? PBTs are not admissible, a lawyer knows that, the average person on the street does not. Did the cop give proper statutory warnings, did they give extra-statutory warnings that can be considered coercion? Did you give a breathe sample at the station? Did you consent to blood test, and if so, was it done? Was the machine calibrated, what about the extrapolation algorithm, was the blank performed, was the operator certified, etc? This is all before we even get to medical defenses, do you have diabetes, ketoacidosis, gastric bypass dumping syndrome, or other medical conditions that can mimic drunk. Here is one very important piece of advice. Hire a lawyer sooner rather than later. If you refused breathe and blood, you have 10 days - yes only 10 DAYS - to request a hearing on the automatic suspension. Your lawyer knows this, if he/she does not, do not hire them, find someone who does - this is DWI law 101. At the ALR hearing, you will most likely loose - why some lawyers who do not know better will say don't waste your time. But, it is a chance for your lawyer to question the police officer without the DA there to coach the cop before hand. Lock down the cop's story, question him or her, get facts and details that can and will be used against that cop later. It is a discovery tool that is invaluable. Plus there is a possibility, even though remote, to stop the automatic suspension, at the very least it delays the suspension. So - gathering information is important and self-education is great, but do not let a perfect defense tool go to waste because you think you can learn something. The ALR hearing is a very useful discovery tool if it is available.

Answer Applies to: Texas
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You should get the information you need in the process of interviewing prospective attorneys. Ask the questions you have before deciding on who to hire.

Answer Applies to: Texas
Replied: 10/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.